Investigation Training Resources
Session 3 - LEGAL PROCESS
Learning Packages

SECTION 7: Inculpatory / Exculpatory Evidence Discussed

🔗 RECOMMENDED RESOURCES

What is inculpatory and exculpatory evidence?

Inculpatory evidence indicates the guilt of a person and exculpatory evidence indicates the innocence of a person. DNA evidence, video footage, and eyewitness testimony are evidence that can be used to prove guilt or innocence

What is exculpatory evidence in Australia?

It's evidence that may exonerate an individual, either by disproving elements of the offence or by establishing a defence that absolves the individual of legal culpability. In other words, it is evidence that doesn't help your case.

What does inculpatory evidence tend to prove?

Inculpatory evidence is evidence that shows, or tends to show, a person's involvement in an act, or evidence that can establish guilt.

What is an example of an inculpatory statement?

For example, if a forensic expert testifies that a victim's wounds indicate the murderer was left-handed, that inculpates the defendant if the defendant is also left-handed. However, there are many left-handed people, so the witness's testimony doesn't prove the defendant's guilt.

What type of evidence is not allowed in a court?

Evidence that amounts to hearsay will not be admitted. Basically, this means that a person (person A) cannot give evidence of something another person (person B) said to prove that what was said by that person (person B) was true.